Final public charge rule

[Karim2018 100]

3 hours ago, Hank_ said:

https://www.uscis.gov/i-864p

That's "old news" m8. I'm sure those limits will soon at least double lol.

[Hemutian 68]

5 hours ago, kline19 said:

I have read the proposed specifics of the rule. It introduces a "totality of circumstances" where an affidavit of support will no longer be enough for an immigrant applying for LPR. It gives the federal govt. agents wide discretion to judge a potential LPR application based on factors such as health, age, finances, education etc. But the most alarming thing is the discretion that the fed has appropriated in terms of evaluating factors not only at the present time of application but also the so-called totality extends into the future regarding the prospects of the LPR applicant's becoming reliant on public benefits. In other words, the fed. govt. will be deciding cases based on its uncontested and unknowable powers of clairvoyance.

The rule left out scholarships and funded TAships granted to foreign students under its ambit without conceding the point that those funded opportunities (majority of PHDs produced at US universities are fully funded) are considered some kind of public assistance and hence can be subject to public charge rule in the future. 

 

Pardon my ignorance, but what does "LPR" stand for?

[Nitas_man 3,100]

38 minutes ago, jasonlzak said:

This rule only affects on any applications which postmarked (filled) on or after its efficient date. Any pending cases will still be adjusticated based on the 1999 Interim Field Guidance, which only requires the sponsor satisfies 125% Poverty Guideline. You still have less than 60 days to file your case, unless you want to play this rule in which the Poverty Guideline can be raised up to 250%. Again, this is a move only to bar poor people from entering this country!

Effective date

 

The poverty guidelines apply to sponsors, not immigrants.  An AOS has a support affidavit stapled to it and in these cases the referenced “household income” is that of the sponsor.

 

Hard to say what is going to happen to joint sponsorship.  Self-sufficiency works two ways.

 

[Boketto 211]

4 minutes ago, Hemutian said:

Pardon my ignorance, but what does "LPR" stand for?

Legal Permanent Resident

[Karim2018 100]

Question: "Applications and Petitions already pending at USCIS.... will not be subject to the rule". So if a petition has already been approved @USCIS and is on its way to NVC does it fall outside the new rule? Knowing that it is @NVC that Petitioner submits an I-864 along with other supporting docs (electronically I presume). Hence, that submission will most likely be after the new rule passes into effect. Or are they referring to the applications (i.e. I-130) in the above quoted text and that if your application is approved @USCIS then the new rule does not apply even though your spouse has technically not yet been approved for an immigrant visa? Thanks!

Edited August 13, 2019 by Karim2018

[Hemutian 68]

2 minutes ago, Karim2018 said:

Question: "Applications and Petitions already pending at USCIS.... will not be subject to the rule". So if a petition has already been approved @USCIS and is on its way to NVC does it fall outside the new rule? Knowing that it is @NVC that Petitioner submits an I-864 along with other supporting docs (electronically I presume). Hence, that submission will most likely be after the new rule passes into effect. Or are they referring to the applications (i.e. I-130) in the above quoted text and that if your application is approved @USCIS then the new rule does not apply even though your spouse has technically has not yet been approved for an immigrant visa? Thanks!

What visa are you applying for? 

I believe the "already pending at USCIS" in your quoted text is referring to Green Card and Legal Permanent Residence applications, NOT to visa applications. If you are still in the visa application stage, you are still very early in this long process, and by the time you get around to Green Card/LPR application stage, the changes will definitely apply to you.

[Jaquelly 1,647]

Can someone please clarify:

I got food stamps as a young 20 something, for a month. I then cancelled my benefits and haven't used any public benefits since.

 

If this goes through, will that necessary decision I made 10+ years ago affect my husband's ability to have a green card and ultimately become a citizen?

[Boketto 211]

2 minutes ago, Karim2018 said:

Question: "Applications and Petitions already pending at USCIS.... will not be subject to the rule". So if a petition has already been approved @USCIS and is on its way to NVC does it fall outside the new rule? Knowing that it is @NVC that Petitioner submits an I-864 along with other supporting docs (electronically I presume). Hence, that submission will most likely be after the new rule passes into effect. Or are they referring to the applications (i.e. I-130) in the above quoted text and that if your application is approved @USCIS then the new rule does not apply even though your spouse has technically has not yet been approved for an immigrant visa? Thanks!

If an application is pending before the rule comes into effect in mid October, it means it has been accepted (not approved) before the rule is effective. So its adjudication would not be affected. If the rule does come into effect in 60 days, then it means any application accepted by USCIS after a date around mid October would fall under its coverage. 

[Boketto 211]

1 minute ago, Jaquelly said:

Can someone please clarify:

I got food stamps as a young 20 something, for a month. I then cancelled my benefits and haven't used any public benefits since.

 

If this goes through, will that necessary decision I made 10+ years ago affect my husband's ability to have a green card and ultimately become a citizen?

Likely not if it’s just for a month a long time ago... they will focus on your current financial situation and whether if your husband would likely become a public charge in the future based on his financial situation. 

[Jaquelly 1,647]

Just now, Boketto said:

Likely not if it’s just for a month a long time ago... they will focus on your current financial situation and whether if your husband would likely become a public charge in the future based on his financial situation. 

Thank you. 

[geowrian 22,337]

Credit scores I have a problem with...I really wish they nixed that part of the rule before finalizing it. =\ Credit scores were not intended for this purpose, and when you use something for an unintended purpose, nothing good happens...

 

4 hours ago, Ptitchou said:

Actually, it will if you're trying to apply for citizenship. Jump down to the part for Permanent Residents: https://www.boundless.com/blog/public-charge-rule-explained/

Right - there is uncertainty at this moment. But nothing in the rule that I've seen implies it affects naturalization applicants...just if they were actually inadmissible previously but that was not discovered at the time of adjudication of their application.

 

2 hours ago, Nitas_man said:

It looks like on page 209 of the new rules that the support affidavit requirements are being raised to 250% of poverty level.

The 125% level remains as-is. The 250% level can be used as a heavily weighted positive factor to counter some negative factors regarding past usage of benefits.

 

"While USCIS will generally consider 250 percent of the FPG to be a heavily weighted positive factor in the totality of the circumstances, the minimum income threshold to be considered a positive factor in the totality of the circumstances is generally 125 percent of the FPG. More specifically, if the alien has income below that level, it will generally be a heavily weighed negative factor in the totality of the circumstances"

5 minutes ago, Jaquelly said:

Can someone please clarify:

I got food stamps as a young 20 something, for a month. I then cancelled my benefits and haven't used any public benefits since.

 

If this goes through, will that necessary decision I made 10+ years ago affect my husband's ability to have a green card and ultimately become a citizen?

No

[Karim2018 100]

5 minutes ago, Hemutian said:

What visa are you applying for? 

I believe the "already pending at USCIS" in your quoted text is referring to Green Card and Legal Permanent Residence applications, NOT to visa applications. If you are still in the visa application stage, you are still very early in this long process, and by the time you get around to Green Card/LPR application stage, the changes will definitely apply to you.

CR1: Spouse Immigrant Petition has been approved (with the understanding that "approved" doesn't mean granted or guaranteed) and is on its way to NVC (National Visa Center).

[janet3 1,170]

2 hours ago, Nitas_man said:

It looks like on page 209 of the new rules that the support affidavit requirements are being raised to 250% of poverty level.

Which document? There are a lot of documents sited....just want to know what you are talking about....

[Nitas_man 3,100]

Just now, janet3 said:

Which document? There are a lot of documents sited....just want to know what you are talking about....

The 800+ page final rules document LOL

Happy Reading 👍

[Nitas_man 3,100]

4 minutes ago, geowrian said:

Credit scores I have a problem with...I really wish they nixed that part of the rule before finalizing it. =\ Credit scores were not intended for this purpose, and when you use something for an unintended purpose, nothing good happens...

 

Right - there is uncertainty at this moment. But nothing in the rule that I've seen implies it affects naturalization applicants...just if they were actually inadmissible previously but that was not discovered at the time of adjudication of their application.

 

The 125% level remains as-is. The 250% level can be used as a heavily weighted positive factor to counter some negative factors regarding past usage of benefits.

 

"While USCIS will generally consider 250 percent of the FPG to be a heavily weighted positive factor in the totality of the circumstances, the minimum income threshold to be considered a positive factor in the totality of the circumstances is generally 125 percent of the FPG. More specifically, if the alien has income below that level, it will generally be a heavily weighed negative factor in the totality of the circumstances"

No

Correct - the minimum income will remain at 125%